Lowery v. State
Lowery v. State
Opinion
Michael Paul Lowery, the appellant, was an inmate at Fountain Correctional Center. He was indicted and convicted for the unlawful possession of Valium, marijuana, and Tranxene in violation of Alabama Code §
On September 25, 1982, Correctional Officer Larry Weaver confiscated a small hand rolled marijuana cigarette and a plastic bag containing assorted pills from Lowery at Fountain Correctional Center. He placed the contraband in an envelope, labeled it, sealed it, and deposited it in an evidence locker in the warden's office.
Investigator MacArthur Davis had the only key to this evidence locker. On September 27th Davis retrieved the sealed envelope from the locker. Davis opened the envelope Weaver had sealed and "examined and verified the contents." He then placed this envelope and its contents inside another envelope and sealed it.
Davis delivered the envelope to the Toxicologist's Office in Mobile. He testified that he gave the envelope to "James Small, the best I can make — No. W.D. Sennett. Mrs. W.D. Sennett is the one that signed the receipt."
James Small testified that he received a sealed envelope from Davis on October 19, 1982. He "receipted for Mrs. Sennett" because she was the analyst on duty that day. Mrs. Sennett "got sick after this evidence came in" and Small turned it over to criminalist Taylor Noggle.
Noggle testified that he received a sealed envelope from Small on November 19, 1982. He retained custody until trial.
Lowery contends that the chain of custody was broken because Sennett never testified. See Mauldin v. State,
"To establish a sufficient predicate for admission into evidence it must be shown that there was no break in the chain of custody. . . . Identification and continuity of possession must be sufficiently established to afford ample assurance of the authenticity of the item." Ex parte Yarber,
Here, each witness accounted for the integrity of the envelope he had received. There is no contention that the controlled substances were contaminated or altered in any way. Under these circumstances, we find no error in the admission of the controlled substances. Congo v. State,
Moreover, the trial record contains no specific objection raising the ground asserted on appeal. In fact, the public defender who represented Lowery was willing to stipulate to the chain of custody but Lowery objected. After the State had almost completely established the chain the following occurred:
"MR. LOVELACE (Public Defender): Your Honor, to save them time, we will stipulate that this was given to Mr. MacArthur Davis. It was given —
"MR. HENDERSON (District Attorney): You will stipulate that this evidence here was taken from the defendant, dropped in the box and so forth?
"MR. LOVELACE: That's right.
"MR. HENDERSON: Well, the state —
"THE DEFENDANT: I'm objecting to this whole proceeding. I'm objecting. Go ahead and bring your witnesses on out here."
The judgment of the circuit court is affirmed.
AFFIRMED.
All Judges concur.
Reference
- Full Case Name
- Michael P. Lowery v. State.
- Cited By
- 19 cases
- Status
- Published